ProplanX Terms of Service
ProplanX’s relationships with our clients are built on trust. We operate in a professional, fair and reasonable manner at all times to benefit our clients, our company and our community that we operate in. To further this understanding, we expect a clear understanding of this Terms of Service by the concerned parties.
- ProplanX operates the ProplanX.com web site (the "Site") to provide online access to content, information, products, services and materials to you from ProplanX and / or third parties (which together with the Site shall be collectively referred to as the "Services").
- “YOU” shall mean any “Visitor”, “Registered User”, “Paid User” (or “Client”) to the Services, “Participants” in our classroom courses
By accessing and using the Services, you agree to each of the terms and conditions set forth herein ("Terms of Service"). If you do not agree with any of the Terms of Service, you are not authorized to access or use the Services for any purpose. By using the Services, you express your understanding and agreement that you are bound by this Agreement. If you are unwilling to be bound by this Agreement, do not access or use the Services in any manner.
ProplanX reserves the right to modify the Terms of Service at any time without giving you prior notice. The changes become effective immediately upon posting (the “Effective Date” as set forth below). Your use of the Services following any such modification constitutes your agreement to follow and be bound by the modified Terms of Service. If any change to the Agreement is not acceptable to you, you must stop using the Services.
3. INTELLECTUAL PROPERTY
The Services and all information and/or content that can be seen, heard or otherwise experienced on the Site (the "Content") are protected by international copyright, trademark and other laws, and belong to ProplanX or its licensors, partners, affiliates or third parties. You may use the Site and Services for your own personal, non-commercial use only. You agree that you will not otherwise download, mirror, copy, reproduce, display, distribute, transmit, publish, or transfer any Content or information obtained from the Site or the Services or create derivative works from any Content or information obtained from the Site or the Services without first obtaining written permission from ProplanX. You may not frame the home-page or mirror any other pages of this Site on any other web site or web page. You may not connect "deep links" to the Site, i.e., create links to this site that bypass the home page or other parts of the Site. You are prohibited from using any of the marks or logos appearing throughout the Site without express written consent from the trademark owner, except as permitted by applicable law.
4. STUDY MATERIAL
ProplanX owns the Intellectual property rights of all the study materials provided to You. Therefore, no part of any course materials may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, or translated into any language, without our prior written consent.
Transactions for the purchase or sale of goods or services facilitated by use of the Site will be governed by the Terms of Service unless specifically stated otherwise in a particular area of the Site. No additional or different terms contained in any purchase order, document, transmission or other communication shall be binding upon ProplanX unless agreed to by ProplanX in writing. ProplanX reserves the right, without prior notification and in its sole discretion, to limit the order quantity on any item and to refuse service to anyone, with or without reason.
- Third Party / External Links: Hypertext links to third party web sites or information do not constitute or imply an endorsement, sponsorship, or recommendation by ProplanX of the third party, the third-party web site, or the information contained therein, unless expressly stated on the Site. You acknowledge and agree that ProplanX is not responsible for the availability of any such web sites and that ProplanX does not endorse or warrant, and is not responsible or liable for, any such web site or the content thereon.
- Downloading Files: ProplanX cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code. The entire risk as to the quality and performance of the Site and the Services and the accuracy of the Content is solely and exclusively with you.
7. DISCLAIMER OF WARRANTIES
YOU AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE SERVICE AND THE CONTENT AND FOR EVALUATING THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL CONTENT PROVIDED BY THE SITE OR THE SERVICE. PROPLANX MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. PROPLANX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT WITH REGARD TO THE SITE, THE SERVICE, AND THE CONTENT.
PROPLANX DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. PROPLANX DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THIS SITE AND ANY INFORMATION ON THIS SITE. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
8. LIMITATION OF LIABILITY
PROPLANX WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY USE OR INABILITY TO USE THE SITE, THE SERVICE OR THE CONTENT. YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL PROPLANX BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO:
- ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT,
- ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT,
- UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA,
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR THE SERVICE, OR
- ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF PROPLANX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT SUCH USE IS AT YOUR SOLE RISK.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, PROPLANX’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT WILL, IN NO EVENT, EXCEED $10.00 (US$ TEN ONLY).
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless ProplanX, its affiliates, licensors, directors, employees, and agents from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.
10. USER CONDUCT
You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content. You agree not to use the Site in any manner that might interfere with the rights of third parties.
11. USER SUPPLIED INFORMATION
If you supply any information or material to ProplanX via the Site, you guarantee to ProplanX that you have the legal right to supply, post, or store such information or material and that doing so will not violate any law or the rights of any person or entity. Further, you also agree to assign the rights of your submissions to ProplanX, whether shared over the website, email or by any other means and that ProplanX may use the said contents in any form and for any purpose so deemed by ProplanX. Unless a separate contractual agreement exists between You and ProplanX, you may not be compensated either directly or indirectly for the aforesaid submission.
13. GENERAL PROVISIONS
- Claims of Copyright Infringement: Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent via email to [info at proplanx.com].
- Correction of Errors and Inaccuracies: The Services may contain typographical errors or other errors or inaccuracies and may not be complete or current. ProplanX therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Services at any time without prior notice. ProplanX does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
- Entire Agreement/No Waiver: This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. No waiver by ProplanX of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default
Effective Date: 24 Sep 2013